NZer denies killing Aussie businessman

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A New Zealander has gone on trial in New South Wales for killing an Australian businessman.

Cyrus Harry Peri, 26, a labourer, has pleaded not guilty in Lismore Distict Court to the manslaughter of Mark Wallace, 42, of Byron Bay, in Northern NSW.

The jury was told that the men and their girlfriends, Kylie Newman and Donna McKevett, had been staying together in a holiday unit at Tweed Heads and been on a night out at a nearby surf club before attending the Twin Towns club in January 2008.

According to a police summary previously tendered to the court, a discussion over an old relationship between Mr Wallace and Ms Newman created friction.

As the group was returning to their accommodation at 4.30am, the subject of the relationship was again raised and Peri put his arm around Mr Wallace's shoulders in a conciliatory manner but was pushed away.

The pair began to wrestle and when both men fell to the ground, Mr Wallace hit his head on concrete paving.

Peri admitted to police he exchanged punches with Mr Wallace, but denied his punches were hard or that he intended to inflict serious harm.

The Crown said it did not have to prove Peri intended to cause grievous bodily harm or intended to cause the death because manslaughter could be seen as an unintentional killing.

Defence counsel John Fraser said there was no dispute that the cause of death had been the fall, but the Crown must prove that the death was caused by an act of Peri that was unlawful.

- NZPA